The city of Boulder is considering what its energy future will look like. The goal it to acquire "clean, local and reliable" energy in the future, and one voter-approved option is to start a municipal utility. For more information on the history of this decision, click here.

The scene of an officer-involved shooting at Harvest Junction in Longmont on Wednesday, May 22, 2013. For more photos and video visit www.TimesCall.com.
(
Greg Lindstrom
)

Shank
(.)

A Longmont man critically injured after a May 22 shootout with a Longmont police officer is being held in a secure hospital unit for jail inmates and state prisoners, but he has not been arrested or charged in the shooting, according to police.

Jonathan Shank was shot three times during an exchange of gunfire with Longmont Police Officer Brent Cairns on May 22 after Cairns stopped Shank's car on suspicion of a traffic violation. Cairns was not hurt, but Shank was critically injured and has been hospitalized since the shooting. Longmont Police Cmdr. Jeff Satur said Shank is conscious and able to walk but has not been cleared for release or to be held at the Boulder County Jail.

Shank was taken to Denver Health because of the hospital's ability to care for trauma cases, and he initially was kept under private guard hired by the city of Longmont. Satur said the city paid about $29 per hour for one guard to watch over Shank at the hospital from his admittance on May 22 until June 3. That is when Shank was transferred to the hospital's Correctional Care Medical Facility at Denver Health, which the hospital's website describes as a "guarded locked unit within the hospital" for jail inmates and state prisoners who require medical care. But Shank is not an inmate or prisoner, because he has not been arrested.

Denver County Sheriff's deputies manage the unit as they would a unit in a jail, according to a video describing the facility. Denver Health chief of communications Julie Lonborg said patients transferred to the unit must be in custody with a law enforcement agency to be placed in the secure area. For those allowed visitors, a secure area like those at jails is provided. Deputies patrol the areas, and holding cells are available for those ready to return to their normal jail facilities.

"Longmont (police) will be responsible for paying any costs not covered by insurance, which could include security costs and CCM facility costs for the Denver Sheriff's Office," Satur wrote in an email about Shank's confinement. "Upon his discharge and/or medical clearance we expect to be notified and will take appropriate action."

Boulder County Jail Division Chief Bruce Haas said he is waiting for Shank to recover enough to be safely held at the Boulder County Jail. However, he said Shank first will have to be arrested on suspicion of criminal charges before the jail can accept him.

"We can't take him in our facility without criminal charges," Haas said. "Then we'd care for him from that point on. Then he is ours."

The scene of an officer-involved shooting at Harvest Junction in Longmont on Wednesday, May 22, 2013. For more photos and video visit www.TimesCall.com.
(
Greg Lindstrom
)

Satur said Shank is insured and that his insurance should pay for his medical cost pre-arrest, but it is not yet clear whether it will pay once he is in custody.

Because Shank has not been arrested, the clock has not started ticking on a criminal case related to the shootout with Cairns.

Local defense attorney Scott McComas said criminal suspects who are hospitalized are typically technically arrested even while receiving medical care, which allows the court process to start on the case. Once arrested, criminal suspects have a series of hearings for due process. These hearings include first appearances, preliminary hearings for higher-level felonies, arraignments, pretrial hearings and trial. The right to a speedy trial begins when a plea is entered.

Satur said waiting for the arrest while waiting for medical clearance is what has been done in the past. He noted that another man accused of shooting at a Longmont officer was held in the hospital's correctional facility before his arrest.

"At this time (Shank) has not been medically cleared and is not in a position to be discharged from Denver Health. As such, he is receiving care within this treatment facility, which is better prepared to provide his security and the security of the nursing and medical staff," Satur said.

Lonborg said federal health privacy laws prevent her from confirming who is in the unit, and she could not confirm Shank was being treated there.

Mark Silverstein of the American Civil Liberties Union of Colorado said he believes the situation is concerning.

"Authoritarian regimes in other lands are criticized for 'disappearing' their citizens," he said in a prepared statement. "Is the same thing happening here? Police are required to disclose the names of persons arrested. A county jail is required to disclose a list of its prisoners. Here, it appears that a citizen is confined in the equivalent of a jail or prison, without being arrested, without being charged with a crime, and the custodians refuse to confirm or deny the prisoner's existence."

Satur said there is an active warrant for Shank's arrest in the shooting that has not been served. A search of Colorado court records does not reveal an arrest warrant for Shank, which could mean it is sealed.

It is also not clear whether time Shank spent in the correctional hospital unit would be credited to him if he is ultimately arrested, convicted of any charges and sentenced to time. Judges often give inmates credit for time served, but that time is calculated from the time of arrest and confinement.

McComas said because Shank has not yet been arrested, prosecutors and a judge would have to agree to credit the time in the correctional unit at the hospital.

Boulder County prosecutor Sean Finn said he is not familiar with the hospital's correctional unit and does not know if Shank could leave if he chose to check himself out of the hospital. He said it was important for Shank to go to Denver Health to get the care he needed for his critical injuries. He said he believes police would be notified if Shank wanted to leave and that an arrest likely would take place at that time.

"I am not sure he is being held at all," Finn said. "If he says, 'I want to go,' I suspect Denver Health says that is a really bad idea and calls the Longmont police."

Ballot language:
In November, Boulder voters narrowly approved two ballot issues related to starting a municipal utility: 2B and 2C. You can read the full text of the ballot language on the city's website.

Issue 2B asked voters to increase the existing utility occupation tax by up to $1.9 million a year. The money from the tax, which will be collected from customers by Xcel Energy, will be used by the city to cover the costs of moving forward with forming a municipal utility, such as more studies and legal fees.

Issue 2C asked voters for permission to actually form a municipal utility. The language allows the city to sell the necessary bonds to take over the current system from Xcel, but it states that the city may only move forward with forming a municipal utility if it can start the utility with rates that are the same or cheaper than Xcel's.

Helpful Links:City of Boulder: This is where the city is aggregating all of its documents, meeting information and updates on Boulder s energy future: bouldercolorado.gov/energyfuture

RenewablesYes: This website is run by the group of volunteers that lobbied local voters to pass a utility occupation tax in November to replace the expiring franchise fee from Xcel Energy. Now, the group is advocating for the city to secure a cleaner, more local energy supply. renewablesyes.org

Xcel Energy: Xcel is the largest utility in Colorado, and it currently provides electricity to Boulder. The city s 20-year franchise agreement with Xcel expired at the end of 2010. xcelenergy.com

Boulder Smart Energy Coalition: A citizen group that supports the city's general energy goals but has concerns about the risks involved with starting a municipal utility. bouldersec.com

SmartGridCity: Xcel Energy has installed a smart grid in Boulder. This web site provides more information on that initiative. smartgridcity.xcelenergy.com

Colorado Association of Municipal Utilities: This Colorado Springs-based group represents the state s 29 municipal utilities, which include utilities based in Lyons and Longmont. coloradopublicpower.org